손해배상(기)
1. The plaintiff's lawsuit against the defendant B shall be dismissed.
2. The plaintiff's claim against the defendant C is dismissed.
3...
1. Basic facts
A. On March 5, 2009, the Plaintiff entered into a premium agreement with D on the E laundry Factory located in Pakistan (hereinafter “instant laundry Factory”) and paid 45 million won premium to D.
B. On April 13, 2009, the Plaintiff entered into a lease agreement between F and F to lease the instant laundry factory with the lease deposit of KRW 10 million, KRW 11 million per month, and the lease term from April 18, 2009 to April 17, 2010, and paid KRW 10 million to F.
C. On September 1, 2010, the Plaintiff registered the instant laundry factory as the location of the instant laundry factory with the trade name “G”.
On January 20, 2011, the Plaintiff entered into a contract for the acquisition of the business of the instant laundry factory as KRW 60 million between H and H, and transferred all business rights related to the instant laundry factory.
[Ground of recognition] Facts without dispute, Gap 1, 2, 6 and 7 evidence (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings
2. The plaintiff's assertion
A. The Plaintiff and the Defendant C agreed to the effect that “Defendant C operates the instant laundry factory, but the full amount of its profits accrue to the Plaintiff” (hereinafter “instant agreement”).
Since the Plaintiff paid the premium, lease deposit, operating expenses, etc. of the laundry factory of this case, the sales right of the laundry factory of this case constitutes the Plaintiff’s sole ownership, and Defendant C was in the position of keeping sales or profits, which are owned by the Plaintiff, in the course of business.
However, in collusion with Defendant B, Defendant C embezzled KRW 307,811,627, which is the amount equivalent to the sales of the laundry factory of this case.
Therefore, Defendant C is liable to compensate the Plaintiff for damages arising from the breach of the instant agreement, or to pay the Plaintiff the amount equivalent to the sales amount, 307,811,627 won, and damages for delay.